Wichita eagle., 1887-11-06

these terms and II received carload
from complainants al Frankfort, ana
charged the 2Jc rate. The Indianapolis
shipments are carried through Frankfort
on their way TO Michigan City. and the
whole distance from indianapolis TO New
York by Michigan City Is greater than
from Frankfort to New York by South
Wanatah.
1t appeared by the evidence. however
l. That by the direct line Indianapolis
is nearer to New York than Frankfort Is
by its direct line, and is given lower rates
for that reason.
,. That defendant receives a greater
compensation for Its haul from Indian
apolis 10 Michigan City than it does for
its haul from Frankfort To South Wana-
tab. and consequently does not on lis
own line charge more for the shorter
haul.
g. That defendant does not, and can
not. control the fixing of rates by cross
ing and intersecting lines. aEd has no
option but TO accept those IateS which are
fixed and prorate upon them. or 10 cease
TO take grain altogether.
These facts show no violation by de
fendant OF the long and short haul
clause of the act. Its own charges are
greater for the long distance, and if the
whole charge TO New York is
the greater for the shorter dis
tance. it is only because the Michigan
Central charges less on its own line than
does the New York, Chicago and ST.
Louis, defendant having no control OF
either.
| If it is desired TO test the reasonable
ness of the through rate from Frankfort
! to New York. all the roads responsible
for it should be made defendants. II Is
not enough 10 make the initial road de-
fendant. unless that road has authority
TO make the rate for them all.
The conclusion is that the complaint Is
not sustained.
\ decision IS also rendered in the case
of w L. Smith against the Northern
Pacific Railroad company, with written
opinion by Commissioner Walker, of
which the following is q syllabus:
The Northern Pacific Railroad company
has been accustomed to sell tickets 10
land seekers or explorers at It's land Office
In ST. Paul, thus enabling them 10 go out
on the line of its road and inspect the
land which it has for sale, at about
one-half of the regular rate for
rOund-trip tickets. 1t has also been ac-
custOmed to sell tickets To settlers passing
thsough st. Paul with the effects and
who are about to purchase railroad or
public lands at low rates. These ex-
plOrers and settlers are carried on the
rehular trains.
After the interstate commerce law
went into effect the sale of these special
classes Of tickets was for a time disc0n-
tinued. but was resumed III MAY. ana
complaint was made TO the commission.
An investigation of the matter was had
at Minneapolis and briefs We're filed. The
commission now decides that the inter
state commerce law does not permit the
sale of tickets to any class of people at
rates different from thoses established for
! the general public. The fact that it is
very desirable for the defendant to make
sale of Its lands is not a reason Tor dis
elimination IN favor of explorers or
+ settlers. The same reason would apply
in case a company should desire 10 s1mu-
late its freight traffic or any other branch
OF its business by the use of reduced rates
| of free transportation 10 customers.
That the claim that the settlement Of
| the western territories should be pro
noted by special facilities of transporta-
ton to emigrants is a claim proper To- be
addressed to the legislative body, but
for consideration in interpreting the
present statute; and, moreover. the com
panv is able by excursion rates open 10
all, and by making allowances upon the
price charged for its land. of part or all
OF cost of tickets. to perhaps accomplish
the desired object to a sufficient extent
without violation of the law. That the
means, occupation or purpose of parties
ars not proper considerations upon which
to found Determinations among them.
The Northern Pacific Railroad com
pany is. therefore notified to desist from
selling either Of said special classes Of
tickets at less than regular rates charged
10 the public